| This document is included in the installation portion of the Bytebaq software. It is posted here for your reference. License and Service Agreement. This Agreement is a legal agreement between You and DataFort ltd. This Agreement governs your use of the Service. Bytebaq Backup Client software distributed with this Agreement, including any updates that may be provided to you and any accompanying written documentation (the "Software") and the Bytebaq backup service ("Service"). |
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Privacy and Communications
You acknowledge and agree that the Service Provider may occasionally send you administrative communications regarding your account or the Service via email or through the client software window. Please see the Bytebaq Privacy Policy, which is incorporated into this Agreement by reference. |
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Accounts, Passwords and security
You must be a registered user to access the Service. You are responsible for keeping your password secure. You will be solely responsible and liable for any activity that occurs under your user name. If you lose your password for your account, you may not be able to access your Data.
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Acceptable Use and Conduct
You are solely responsible for your conduct and your data related to the Service. You agree to indemnify, defend, and hold harmless The Service Provider, and its suppliers from any and all loss, cost, liability, and expense arising from or related to your data, your use of the Service, or your violation of these terms.
The Software and Service are made available to You, your company, and/or your customers only for personal or commercial use, which use must be in compliance with all applicable laws, rules and regulations and must not infringe or violate third party rights.
Any unauthorized use of any Bytebaq Software or Service is a violation of this Agreement. Such violations may subject the unauthorized user and his or her agents to civil and criminal penalties.
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Consent to Collect Non-personal Information: Use of Data
The Software and Service may collect certain non-personally identifiable information that resides on your computer, including, without limitation, statistics relating to how often backups are started and completed, performance metrics relating to the Software, and configuration settings. This information will be sent to The Service Provider and may be used by The Service Provider without restriction.
When you back up data via the Service, you agree that we and our service providers may copy and store such data as part of the Service.
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Changes to the Service and Terms and Conditions
From time to time, there may be new releases, revisions, or enhancements to the Bytebaq Products or Services available to you free of charge or for a fee. New releases, revisions or enhancements may be licensed, downloaded, and installed only to the extent that you hold a valid license to Use the Bytebaq Products or Services being updated or upgraded, and you may use them only in accordance with the then-current Terms and Conditions of Use and any additional license terms that may accompany them.
The Service Provider may automatically update Bytebaq Products or Services you have installed on your computer without your prior consent. If any automatic updates involve the payment of additional fees, we will provide you with the opportunity to approve such fees prior to the new functionality being enabled. If you fail or refuse to approve such fees, The Service Provider may, in its sole discretion, terminate your current license, continue to support your current Bytebaq Products or Services without the automatic update, or replace your Bytebaq Products or Services with other Products or Services. If The Service Provider terminates your current license on account of your failure or refusal to approve such fees, then The Service Provider will refund, on a pro-rata basis based on the remaining term of the current license, any fees related to the period during which you will not have access to your Bytebaq Products or Services. If The Service Provider updates the Bytebaq Products or Services without requiring an additional fee and you object to such change, your sole remedy shall be to terminate your use of the Bytebaq Products and Services. There will be no refund in this instance.
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Use of the Software
Subject to the terms and conditions of this Agreement, The Service Provider grants you a non-exclusive license to install and execute copies of the Software (in executable code form only) on your company's and/or customers' computers and only for the purpose of accessing and using the Service. Certain third party code may be provided with the Software. The third-party license terms accompanying such code, and not the terms of this Section, will govern your use of such code.
The Software and its structure, organization, source code, and documentation contain valuable information of The Service Provider and its licensors, and accordingly you agree not to (and agree not to allow third parties to)
(1) sublicense, lease, rent, loan, transfer, or distribute the Software and/or Service or any derivative thereof to any third party who is not your customer,
(2) modify, adapt, translate, or prepare derivative works from the Software or Service,
(3) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software or Service,
(4) extract portions of the Software's files for use in other applications, or
(5) remove, obscure, or alter the Bytebaq name or any third party's trademarks or copyright or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software or Service.
(6) Bytebaq has been designed to backup data and not files that are part of an operating system or software package. For a full list of files that will be excluded from backup go to www.bytebaq.com/type.htm
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Intellectual Property
You acknowledge that The Service Provider or third parties own all right, title and interest in and to the Software and Service, portions thereof, or software or content provided through or in conjunction with the Software or Service, including without limitation all intellectual property rights. Except for the license granted in this Section, all rights in and to the Software and Service are reserved, and no implied licenses are granted by The Service Provider.
If you have comments on the Software or Service or ideas on how to improve them, please email  Please note that by doing so, you also grant The Service Provider a perpetual, royalty-free, irrevocable, transferable license, with right of sublicense, to use and incorporate your ideas or comments into the Software or Service (or third party software, content, or services), and to otherwise exploit your ideas and comments, in each case without further compensation.
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Term and Termination
The Term of this Agreement shall commence, unless The Service Provider notifies you to the contrary, with effect from the day on which the Service is first made available to you, whether or not the Service is actually used and will continue for a minimum Term of twelve months. The Term will then automatically renew for consecutive periods of twelve months. You may terminate this Agreement after the Term by giving The Service Provider not less than thirty (30 days’ written notice before the start of a new term.)
This Agreement is effective upon registering for the Bytebaq Service and remains in effect until the users' account is terminated by providing written notice of termination.
This Agreement automatically terminates if you fail to comply with its terms and conditions. The Service Provider reserves the right to refuse or discontinue participation to any user at any time at its sole discretion.
You agree that, upon such termination, you will destroy and permanently erase all copies of the Software and that your access rights to the Service will immediately terminate.
The terms of the Sections entitled Consent to Collect Non-Personal Information, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Miscellaneous will survive expiration or termination.
If this Agreement terminates, other than for your failure to comply, The Service Provider will use commercially reasonable efforts to make your Data available for you to download for a period of three (3) days. The Service Provider has no obligation to provide you with a copy of your Data and may remove and discard any Data.
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Termination and Fair Use Policy
DATAFORT shall have the absolute and unilateral right in its sole discretion to deny use of and access to all or any portion of the Bytebaq products or services to users who are deemed by Bytebaq to be using the Bytebaq products or services in a manner not reasonably intended by Bytebaq or in violation of law, including but not limited to suspending or terminating a user’s account with Bytebaq and the License to use the Bytebaq products or services.
Bytebaq Products or Services are designed to serve the needs of particular types of users, such as individual consumers or small businesses. If you have purchased a Bytebaq Product or Service that is inappropriate for your actual usage, Bytebaq may require you to switch to an appropriate DataFort Product or Service which may result in your having to pay DataFort additional fees for use of the appropriate product or to terminate your purchased Bytebaq Products or Services and refund, on a prorate basis, any fees paid you may have paid on the unused portion of your Bytebaq subscription.
Bytebaq may, in our sole discretion and from time to time, establish or amend general operating practices to maximize the operation and availability of Bytebaq Products or Services and to prevent abuses. As part of these practices, we reserve the right to monitor our system to identify excessive use of network resources and to take such technical and other remedies as we deem appropriate. Your use of Bytebaq Products or Services may be deemed excessive if, within any month, your usage greatly exceeds the average level of monthly usage of Bytebaq's customers, generally. In the event you are deemed to have violated this policy, we reserve the right to offer an alternative pricing plan or Bytebaq Product or Service that will permit you to continue to use Bytebaq Products or Services. Although violations of this policy have been infrequent, we reserve the right to terminate or suspend your license to Use Bytebaq Products or Services and any license to use the Bytebaq Software, without prior notice in the event of a violation of this policy. Each Bytebaq license is good for the backup of a single computer.
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Trial periods
By purchasing a license, you acknowledge that you are aware of the opportunity to cancel the service within the first 30 days without being billed for the service. If the service is not paid for within 30 days of the start of service date, the Service will automatically and immediately terminate and actions as detailed in clause Term and Termination will be enacted.
Refunds
The Service Provider does not offer any refunds for purchases of Bytebaq Products or Services, except as expressly provided in this Agreement.
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| Licenses, Renewals, modifications and limits |
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(1) Scope of License.
The Service Provider grants You a personal, non-exclusive, non-transferable limited and revocable license to install the Bytebaq Client Software only on one computer for which you have paid the applicable fees and taxes and from which you are licensed to access the Bytebaq Products or Services, and to Use the Bytebaq Products or Services for the sole and exclusive purposes of connecting to and using the Bytebaq Products or Services for your personal or internal business purposes in accordance with these Terms and Conditions of Use, provided you comply and remain in compliance with this Agreement. We reserve all other rights to the Bytebaq Products or Services.
You may Use a license for the Bytebaq Products or Services with only one computer at a time. You may transfer your license to another computer in the event that you cease to use the computer on which Bytebaq Software was originally installed. If you wish to protect multiple computers, you must obtain a separate paid license for each computer. To obtain such a license, contact us at  .
You may not sub-license, or charge others to Use or access, the Bytebaq Products or Services and you may not redistribute the Bytebaq Products or Services or provide others with access to or Use of them, unless you have entered into a Reseller, Affiliate or similar Agreement with The Service Provider to engage in this activity. Without limiting the forgoing, you will not permit others to Use the Bytebaq Products or Services to access or decrypt data stored on servers provided by The Service Provider or Affiliates; you will not Use or permit others to Use the Bytebaq Products or Services to decrypt data encrypted by others; and you will not Use or permit others to Use the Bytebaq Products or Services to provide encryption or decryption services to others, whether or not such services are compensated.
(2) Trial Licenses.
You may have received as part of your Bytebaq license the opportunity to extend the expiration date of your license or trial through the Use of various marketing codes. If you do not enter these codes at the time you purchase your license or start your trial license, The Service Provider may not add this additional time to your license or trial at a later date.
If you received a free trial or evaluation license for which you have not paid a license fee, The Service Provider grants to you a personal, non-exclusive, non-transferable limited license to Use the Bytebaq Client Software in object code form only on one computer or device from which you are licensed to access and Use the Bytebaq Products or Services during the trial or evaluation period in accordance with these Terms and Conditions of Use. You may only install one free trial or evaluation license in each calendar year per computer.
(3) Renewals.
You agree that The Service Provider shall have the right to automatically and without notice renew your license to continue to Use the Bytebaq Products or Services upon expiration of your then-current license, and that as part of such renewal The Service Provider shall have the right to charge the applicable renewal fees and any applicable taxes to any credit or debit card you used to purchase your then-current license. You agree that if you elect to not permit The Service Provider the right to automatically renew your license to use Bytebaq Products or Services or your credit or debit card information on file with The Service Provider does not permit automatic renewal, or you do not have credit or debit card information on file, then The Service Provider may terminate your license.
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Disclaimer of Warranties
THE SOFTWARE AND SERVICE AND ANY THIRD PARTY SOFTWARE AND SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. THE SERVICE PROVIDER AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE OR SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD AND/OR USE THE SOFTWARE AND SERVICE, AND ALL THIRD PARTY SOFTWARE OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOFTWARE OR SERVICE, AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF THE SOFTWARE OR SERVICE AND SUCH THIRD PARTY SOFTWARE AND SERVICES. |
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Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE SERVICE PROVIDER, OR ITS SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO THE SOFTWARE OR SERVICE, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF THE SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
WITHOUT LIMITING THE FOREGOING, THE TOTAL AGGREGATE LIABILITY OF THE SERVICE PROVIDER, AND ITS SUPPLIERS, RESELLERS, PARTNERS AND THEIR RESPECTIVE AFFILIATES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT, IF ANY, PAID BY YOU TO THE SERVICE PROVIDER FOR THE SOFTWARE OR SERVICES. IF THE SOFTWARE AND SERVICES ARE PROVIDED WITHOUT CHARGE, THEN THE SERVICE PROVIDER AND ITS SUPPLIERS SHALL HAVE NO LIABILITY TO YOU WHATSOEVER.
THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SOFTWARE OR SERVICE, FROM INABILITY TO USE THE SOFTWARE OR SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SOFTWARE OR SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
THE SOFTWARE AND SERVICE ARE NOT INTENDED FOR USE IN CONNECTION WITH ANY NUCLEAR, AVIATION, MASS TRANSIT, OR MEDICAL APPLICATION OR ANY OTHER INHERENTLY DANGEROUS APPLICATION THAT COULD RESULT IN DEATH, PERSONAL INJURY, CATASTROPHIC DAMAGE, OR MASS DESTRUCTION, AND LICENSEE AGREES THAT LICENSOR WILL HAVE NO LIABILITY OF ANY NATURE AS A RESULT OF ANY SUCH USE OF THE SOFTWARE.
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Deletion of Backup Data
The Bytebaq Client Software saves to a server operated by The Service Provider or an affiliate an encrypted copy of each file you designate. The Software scans for changes or additions to these files and then periodically creates an encrypted copy of modified or newly designated files. You will not be able to restore files that Bytebaq has not completed copying or files that have been change but not yet been backed up or not eligible for back up.
The Bytebaq Client Software will delete files permanently from the vault 45 days after they are deleted from the computer being protected. It is possible to increase this retention period to 365 days for a supplementary fee.
If your license to use Bytebaq Products or Services expires, is terminated, is not renewed, or is otherwise discontinued for any reason, The Service Provider and the Affiliates may, without notice, delete or deny you access to any of your Backup Data that may remain in their possession or control.
You agree that if you mark a file to no longer be backed-up, delete a file from your computer, or terminate or allow your trial or license to terminate, non-renew, or otherwise lapse for any reason, that these files may not be available to you should you wish to restore them.
You agree that The Service Provider and Affiliates may retain (but shall have no obligation to retain) your Backup Data for a period after your trial or license has been terminated, expired, or otherwise lapsed, as part of Bytebaq’s marketing to you the opportunity to purchase, renew, or extend a license.
Customer Support
The Service Provider may, in its sole discretion, provide customer support or service to its customers. This service may be available only on selected days and during a limited number of hours. Service may also be available through only certain delivery vehicles such as email and some services may only be available for the payment of an additional fee or charge. As part of the delivery of services The Service Provider may employ a variety of tools or services to aid in the process of resolving your issues as a user. You grant The Service Provider the right to use these tools and hold The Service Provider harmless for the use of these tools as well as the guidance provided by its customer support staff who in no way can be fully aware of all of the complexities associated with the Bytebaq product, your computer, or all of the related or associated infrastructure such as your internet service provider’s infrastructure.
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Miscellaneous Provisions
You acknowledge and agree that the Software which is the subject of this Agreement, may be controlled for export purposes. You agree to comply with all the export laws and regulations of the United Kingdom. You assume sole responsibility for any required export approval and/or licenses and all related costs and for the violation of any U.K. export law or regulation. If you are located in a country subject to embargo by the U.K. government, you are not entitled to use the Software or Service.
The failure of The Service Provider to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.
This Agreement, which incorporates the Privacy Policy, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this Agreement will be effective only if in writing and signed by The Service Provider.
All disputes arising out of this Agreement will be subject to the exclusive jurisdiction of the laws and courts of the United Kingdom, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts, except that nothing will prohibit The Service Provider from instituting an action in any court of competent jurisdiction to obtain injunctive relief or protect or enforce its intellectual property rights.
You may not assign or transfer any of your rights or obligations under this Agreement to a third party without the prior written consent of The Service Provider. The Service Provider may freely assign this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void from the beginning.
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| The User must pay all fees within 10 days of invoice. If payment is not received within 10 days of invoice the Service provider reserves the right to demand payment in full for the remainder of the service agreement term. The User will also be responsible for the payment of any fees DataFort must pay to recover owed money. This will include court costs, the cost of time spent in recovering fees owed to the Service Provider, and as per Section 69 of County Court Act 1984, the User will also be charged an interest rate of 8% over base for any outstanding money from the day it is due until the day the due funds have been paid into the Service Provider’s bank. |
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Contacting The Service Provider
Users with questions about this Agreement or the Privacy Policy may contact The Service Provider via email: 
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Definitions
As used in these Terms and Conditions of Use:
Agreement: The legal agreement between you, either an individual or other legal entity and the Service Provider.
Service Provider: DataFort Ltd. Trading as the Bytebaq Backup Service.
The Service: Means offsite data storage known as the Bytebaq Backup Service.
The Software: means the Bytebaq Backup Client software ©2010 DataFort Ltd. |
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